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Fifth Standing Committee on Statutory Instruments, &c.
HOUSE OF COMMONS
[Mr. Wardle]
date. The Governor has proposed to set up an appeal panel to deal with any late cases that the immigration department refused. This is being discussed with the Hong Kong Legislative Council.
Because of the need to ensure sufficient time to naturalise those who wish to become BDTCs and sub- sequently BN(O)s we have made provision in the order for a single cut-off date-31 March 1996-for the acquisition of BDTC status.
Articles 2(2) and 2(3) of the schedule to the Hong Kong Act 1985 provide the legal means to take such action, which, in our view, is essential if we are to deal with the transitional problem in an orderly fashion.
As I mentioned earlier, the proposals caused some concern in Hong Kong, particularly among members of the Legislative Council. They were unhappy about the removal of the right to become a BN(O) up to 30 June 1997. Most important in their view was that appli- cants should be able to retain their BDTC status right up to the 1997 deadline. While there was never any question of applicants losing BDTC status, my right hon. and learned Friend has met these concerns by allowing applicants to retain visible evidence of that status in the form of a BDTC passport when they register as BN(O)s and acquire a BN(O) passport. On this basis I am pleased to say that the legislative coun- cillors have withdrawn their objections to the scheme.
I commend both orders to the Committee.
10.44 am
Mr. Graham Allen (Nottingham, North): I welcome you, Mr. Jones, to the Committee. It is the first time that I shall serve under your Chairmanship. I look forward to it, and hope that this is the first of many such occasions.
The Minister sought to portray the orders as almost entirely technical. The Opposition disagree with that assessment. The orders are most important: they are the culmination of a long process of British withdrawal from Hong Kong over a period of 10 years or more—since the former right hon. Member for Fin- chley, now Lady Thatcher, paid her famous visit to China. We are in the end-game of a sensitive, delicate phase in that process. This may be the last time that the House can debate the issues, even on a technical basis, before Hong Kong finally returns to the Republic of China.
We owe a debt of honour to many people who are still in Hong Kong. Many severe practical problems are involved in the issue of British citizenship: documents, travel documents, passports and so on. That is why I draw attention to the fact that we are discussing a matter of such great importance and sensitivity in Committee rather than on the Floor of the House. People who are thousands of miles from us will be affected. It is a classic case for flexibility in the pro- cedures of the House: we should take expert evidence from members of the Legislative Council in Hong
Hong Kong (Brit. Nat.) Order 1993 Brit. Nat. (Hong Kong) Order 1993
Kong and others on how they want the process to be handled and how they feel that it has been handled so far. Therefore, on a point of order, Mr. Jones, would it be appropriate for the Committee to adjourn so that you can consider whether we should take the extraordi- nary step of calling witnesses before the Committee before we conclude our consideration of the orders?
The Chairman: I have listened carefully to the hon. Gentleman's request, but there are no grounds on which I could accept a motion to adjourn the Committee
Mr. Allen: Obviously, I accept that ruling, Mr. Jones. However, to consider this matter in less than an hour and a half pays scant respect to the thousands of people in Hong Kong who depend on the outcome of the Committee's decision.
Those people are living in the shadow of Tiananmen square. They are waiting for their island, their depen- dancy, to be taken over by the communist regime in the Republic of China. They are labouring under the sha- dow of the failure of British Governments of all politi- cal colours in the past 10 or 20 years properly to provide a system of democratic control to enable them to have some influence on the decisions that will affect them in the next few years. There have been belated and wel- come attempts to democratise Hong Kong, often with- out great support from the business community in Hong Kong. If the process of democratisation had been started many years ago when it was apparent that the lease on Hong Kong was running out, people in Hong Kong would be in a far better position than they are now to take decisions to control their own destiny. We are administering the last rites for the citizens of Hong Kong. It behoves us to take the matter seriously.
The orders amend two Acts: the Hong Kong Act 1985 and the British Nationality (Hong Kong) Act 1990. The Government heralded the orders as mainly administrative, but the amendment of the 1985 Act will restrict access to British national over- seas-BN(O)-status. Neither instrument provides a nationality for the non-Chinese ethnic minorities in Hong Kong after 1999. That case has been argued strongly at every stage of discussions on Hong Kong since 1985. I hope that the Minister will take this chance to make a number of points for the record, which will be read carefully by our colleagues on the Legislative Council in Hong Kong.
The first instrument deals with the registration of citizens of British dependent territories as British nationals overseas. In mid-May 1993, the Chair of the members of the Legislative Council wrote to inform me of the Hong Kong Government's request to the British Government to introduce an Order in Council to amend the Hong Kong (British Nationality) Order 1986. The proposed amendments would impose cut-off dates for the registration of citizens of British depen- dent territories-BDTCs as British nationals over- seas-BN(O)s. After 31 March 1996, Hong Kong people will no longer be able to apply to become BDTCs. There is also a sliding scale of dates, deter- mined by the potential applicant's date of birth, after
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